‘The book was covered’: ANZ fights ‘entirely novel’ ASIC case over $2.5B share placement

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ANZ has told a court it had no obligation to disclose a $750M bailout by the underwriters of a $2.5B equity capital raising in 2015, in ASIC’s case alleging the bank breached its continuous disclosure obligations by failing to alert the market to the bailout.

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Class action argues fraud exception makes Norton Rose, Deloitte emails fair game

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A class action over the collapse of Walton Construction has argued the National Australia Bank cannot shield communications with Norton Rose Fulbright and Deloitte because they were made to further a fraud or otherwise had an illegal or improper purpose.

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Judge ‘frustrated’ that remaining PFAS class action has not settled

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A judge has expressed his “frustration” that a class action against the government over the use of alleged toxic firefighting foam has not settled despite the resolution of similar group proceedings almost three years ago. 

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Hog’s Breath Cafe franchisees mull declassing bid in own class action

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The lead applicant in a franchisee class action against the Hog’s Breath Cafe restaurant chain is considering an application to declass the case it brought after losing a challenge to a $1.23 million security for costs order.

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AIG can’t withdraw admission in Linchpin class action

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A judge has refused American International Group’s bid to withdraw an admission that directors of defunct advisory firm Linchpin Capital were covered under a D&O policy in an investor class action that has settled against everyone but the insurer. 

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Scenic Tours can cross-examine group members in cruise class action

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A judge has ruled Scenic Tours can cross-examine class action members without seeking approval from referees, who will oversee a process for assessing amounts owed to them, after the tour operator mostly lost its appeal of a judgment that put it on the hook for damages to disappointed cruise goers.

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Senior barristers back Voice to Parliament as ‘powerful statement of unity’

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Leading barristers have come out in support of the proposal to amend the Constitution to enshrine a Voice to Parliament to represent First Australians.

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ANZ exec ‘deeply concerned’ about $2.5B share placement shortfall, court hears

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A senior ANZ executive was “deeply concerned” by the size of the shortfall in its $2.5 billion 2015 equity capital raising, the court heard on the first day of trial in ASIC’s civil penalty case against the bank over alleged disclosure breaches.

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Anti-money laundering regime a ‘blunt instrument’ to apply to lawyers

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Reforms that would make lawyers subject to the anti-money laundering and counter terrorism financing regime have received mixed reviews from legal professionals, with one expert saying the regime was a “blunt instrument” and could put lawyers in an ill-suited policing role. 

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‘You could get a law degree in the time spent on this case’: Barrister’s fee overrun in spotlight

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A barrister’s $320,000 bill for a case initially estimated to cost $60,000 in counsel fees was at the centre of an appeals court hearing Monday, and the dispute mirrors another battle between the practitioner and his instructing solicitor involving a cost blowout of a quarter of a million dollars.

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